Jason P. Nance
Professor of Law
Associate Dean for Research and Faculty Development
Associate Director for Education Law and Policy, Center on Children and Families
Jason P. Nance is the Associate Dean for Research and Faculty Development and Professor of Law at the University of Florida Levin College of Law. He also serves as the Associate Director for Education Law and Policy at the Center on Children and Families. He teaches Education Law, Remedies, Torts, and Introduction to Lawyering. He focuses his research on racial inequalities in the public education system, school discipline, the school-to-prison pipeline, students’ rights, and the legal profession. His scholarship has been published in multiple journals, including the Washington University Law Review, Emory Law Journal, Indiana Law Journal, Arizona State Law Journal, Wisconsin Law Review, UC Davis Law Review, Colorado Law Review, and the Stanford Law Review Online. His research has been cited extensively by courts, party and amicus briefs, law journals, books, treatises, and social science journals and featured in numerous national media outlets. Professor Nance served as the reporter for the American Bar Association’s Joint Task Force on Reversing the School-to-Prison Pipeline, where he co-authored a report and proposed resolutions for the ABA to adopt to help dismantle the school-to-prison pipeline nationwide.
In addition to earning a J.D. at the University of Pennsylvania Law School, Professor Nance has a Ph.D. in Education Administration from the Ohio State University, where he also focused on empirical methodology. Prior to joining the University of Florida Levin College of Law in 2011, Professor Nance was a Visiting Assistant Professor of Law at the Villanova University School of Law and a Visiting Assistant Professor of Applied Statistics at the Ohio State University’s College of Education and Human Ecology. He also was a litigation associate at Skadden, Arps, Slate, Meagher & Flom LLP for several years and clerked for Judge Kent A. Jordan of the U.S. Court of Appeals for the Third Circuit and the U.S. District Court for the District of Delaware. Before attending graduate school and law school, Professor Nance was a public school math teacher in a large, metropolitan school district.
J.D., University of Pennsylvania Law School
Ph.D., The Ohio State University
M.A., The Ohio State University
B.A., Brigham Young University
Teaching and Scholarship
Education Law, Empirical Legal Studies, Torts, Remedies, The Legal Profession
- University of Florida: Joined College of Law faculty as Assistant Professor in 2011
- Previous Academic Experience: Visiting Assistant Professor of Law, Villanova University School of Law (Fall 2010); Visiting Assistant Professor of Applied Statistics, College of Education and Human Ecology, The Ohio State University (2002 – 2003)
- Previous Professional Experience: Litigation Associate, Skadden, Arps, Slate, Meagher & Flom LLP (2007 – 2011); Law Clerk to Judge Kent A. Jordan, United States Court of Appeals for the Third Circuit (Dec. 2006 – Sept. 2007); Law Clerk to Judge Kent A. Jordan, United States District Court for the District of Delaware (Sept. 2006 – Dec. 2006); Public School Teacher, Aldine Independent School District, Houston, Texas (1996 – 1999)
- This course provides students with an introduction to the law relating to public schools (K-12), including the interplay of the U.S. Constitution, federal statutes, state, and local law.
- The central question in Torts is how society should respond to the problem of high dollar typically accidental physical harm, when injury is unfortunate, but unintended. Our course will focus mostly on the problem of unintentional harm, as applied to bodily and emotional harms. Theories covered will include negligence, strict liability, products liability and intentional torts as well as all their affirmative defenses. As there are seldom clear answers with legal questions spanning so many perspectives, and amorphous factual inquiries (including the role of the judge and jury, circumstantial evidence and fundamental problems), Torts trains students to answer timeless amorphous questions, thereby developing keen policy and argumentation skills, applicable to a wide variety of legal areas.
- This course provides students with an introduction to the law of remedies. It emphasizes the important interrelationship between rights and remedies and the remedial consequences of framing a cause of action. Effective litigators need to understand the types of remedies that are available to their clients and how to seek them. It considers five primary topics: injunctions, damages, restitution, declaratory judgments, and contempt.
- This course acquaints students with the defining attributes of the legal profession including a code of ethics and assumption of duties to clients, the justice system, and society. Focuses on the evolving nature of legal services, types of law practices, and demographics of the legal profession and the skills required for law practice.
- Per Pupil and School Safety Spending: An Empirical Perspective, __ Journal of Education Finance __ (forthcoming 2022) (peer reviewed) (with Michael Heise).
- Do Perceptions Become Reality?: Exploring Principals’ Perceptions, Schools’ SRO/Police Presence, and Student Discipline Reporting Policies, __ Journal of School Violence __ (forthcoming 2022) (peer reviewed) (with Michael Heise).
- To Report or Not to Report: Data on School Law Enforcement, Student Discipline, Race, and the “School-to-Prison Pipeline”, 55 UC Davis Law Review __ (forthcoming 2021) (with Michael Heise).
- Defund the (School) Police?: Bringing Data to Key School-to-Prison Pipeline Claims, 111 Journal of Criminal Law and Criminology 717 (2021) (peer reviewed) (with Michael Heise).
- Implicit Racial Bias and Students’ Fourth Amendment Rights, 94 Indiana Law Journal 47 (2019). [SSRN]
- Student Surveillance, Racial Inequalities, and Implicit Racial Bias, 66 Emory Law Journal 765 (2017). [SSRN]
- Students, Police, and the School-to-Prison Pipeline, 93 Washington University Law Review 919 (2016) [SSRN], quoted in Wheat v. Florida Parish Juvenile Justice Commission, 811 F.3d 702 (5th Cir. 2016) (Reeves, J., concurring in part and dissenting in part).
- Dismantling the School-to-Prison Pipeline: Tools for Change, 48 Arizona State Law Journal 313 (2016). [SSRN]
- An Empirical Analysis of Diversity in the Legal Profession, 47 Connecticut Law Review 271 (2014) (with Paul E. Madsen) [SSRN], reprinted in abbreviated form in Institute for Inclusion in the Legal Profession: IILP Review 2017: The State of Diversity and Inclusion in the Legal Profession 112-118 (Elizabeth Chambliss et al. eds., 2017). [Link]
- School Surveillance and the Fourth Amendment, 2014 Wisconsin Law Review 79 (2014) [SSRN], quoted in Hawker v. Sandy City Corp., 774 F.3d 1243, 1245 (10th Cir. 2014) (Lucero, J., concurring).
- Students, Security, and Race, 63 Emory Law Journal 1 (2013). [SSRN]
- Random, Suspicionless Searches of Students’ Belongings: A Legal, Empirical, and Normative Analysis, 84 University of Colorado Law Review 367 (2013). [SSRN]
- The Law Review Article Selection Process: Results from a National Study, 71 Albany Law Review 565 (2008) (with Dylan J. Steinberg). [SSRN]
- Protecting Students From Abuse: Public School District Liability for Student Sexual Abuse Under State Child Abuse Reporting Laws, 36 Journal of Law & Education 33 (2007) (with Philip T.K. Daniel) [SSRN], cited in Oyama v. University of Hawaii, 813 F.3d 850, 868 (9th Cir. 2015).
- Contexts of Accountability Under Systemic Reform: Implications for Principal Influence on Instruction and Supervision, 43 Education Administration Quarterly 3 (2007) (peer reviewed)(with Helen M. Marks). [SSRN]
- Public School Administrators and Technology Policy Making, 39 Education Administration Quarterly 434 (2003) (peer reviewed). [SSRN]
- The Role of the Administrator in Instructional Technology Policy, 2002 BYU Education and Law Journal 211 (with Philip T.K. Daniel). [SSRN]
Book Chapters/Collected Works:
- Surveillance and Security Practices in Schools, in Oxford Handbook, US K–12 Education Law (Kristi L. Bowman ed., 2021). [Link]
- The Intersection Between Schools and the Criminal Justice System, in Oxford Handbook of Children and the Law (James G. Dwyer ed., 2020). [Link]
- The Justifications for a Stronger Federal Response to Address Education Inequalities, in A Federal Right to Education: Fundamental Questions for Our Democracy 35-64 (NYU Press, Kimberly J. Robinson ed., 2019). [Link]
- Curriculum and Instruction Policy in the Context of Multiple Accountabilities, in Improving Schools: Studies in Leadership and Culture 193–221 (Wayne K. Hoy & Michael DiPaola eds., 2008) (with Helen M. Marks).
- Following Data: The “Defund the Police” Movement’s Implications for Elementary and Secondary Schools, 110 Journal of Criminal Law and Criminology Online 63 (2020) (with Michael Heise).
- Rethinking Law Enforcement Officers in Schools, 84 George Washington University Law Review Arguendo 151 (2016). [SSRN]
- Over-Disciplining Students, Racial Bias, and the School-to-Prison Pipeline, 50 University of Richmond Law Review 1063 (2016). [SSRN]
- Teachers, SROs Must Learn to Manage Students Without Using Justice System, Juvenile Justice Information Exchange (Sept. 6, 2016), also published in Youth Today (Sept. 6, 2016). [Link]
- Strategies, Tools for Educators to Dismantle School-to-Prison Pipeline, Juvenile Justice Information Exchange (Aug. 11, 2016), also published in Youth Today (Aug. 11, 2016). [Link]
- ABA Task Force Wants to Help Disrupt School-to-Prison Pipeline, Juvenile Justice Information Exchange (Feb. 12, 2016) (with Sarah E. Redfield). [Link]
- School Security Considerations After Newtown, 65 Stanford Law Review Online 103 (2013). [SSRN]
- Fostering Safe Learning Environments, 71 Educational Leadership (2013). [Link]
- American Bar Association’s Joint Task Force on Reversing the School-to-Prison Pipeline Preliminary Report (Feb. 2016) (with Sarah E. Redfield), reprinted in 47 University of Memphis Law Review 1 (2016). [SSRN]